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<br />_____________________________________________________________________________________ <br />Consulting Services Agreement between Project No.: 962-86-067 <br />City of San Leandro and Aparc Systems Page 12 <br /> <br /> <br />10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this <br />Agreement does not constitute a waiver of any other breach of that term or any other term <br />of this Agreement. <br /> <br />10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of <br />and shall apply to and bind the successors and permitted assigns of the parties. <br /> <br />10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written <br />studies and other printed material on recycled paper to the extent it is available at equal or <br />less cost than virgin paper. <br /> <br />10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within <br />the corporate limits of City or whose business, regardless of location, would place <br />Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, <br />codified at California Government Code Section 81000 et seq. <br /> <br />Consultant shall not employ any City official in the work performed pursuant to this <br />Agreement. No officer or employee of City shall have any financial interest in this <br />Agreement that would violate California Government Code Sections 1090 et seq. <br /> <br />Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, <br />an employee, agent, appointee, or official of the City. If Consultant was an employee, <br />agent, appointee, or official of the City in the previous twelve months, Consultant warrants <br />that it did not participate in any manner in the forming of this Agreement. Consultant <br />understands that, if this Agreement is made in violation of Government Code §1090 et <br />seq., the entire Agreement is void and Consultant will not be entitled to any compensation <br />for services performed pursuant to this Agreement, including reimbursement of expenses, <br />and Consultant will be required to reimburse the City for any sums paid to the Consultant. <br />Consultant understands that, in addition to the foregoing, it may be subject to criminal <br />prosecution for a violation of Government Code § 1090 and, if applicable, will be <br />disqualified from holding public office in the State of California. <br /> <br />10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or <br />interview related to this Agreement, either orally or through any written materials. <br /> <br />10.9 Contract Administration. This Agreement shall be administered by John O’Driscoll <br />("Contract Administrator"). All correspondence shall be directed to or through the Contract <br />Administrator or his or her designee. <br /> <br /> <br />10.10 Notices. Any written notice to Consultant shall be sent to: <br />Mr. Kris Emmons <br />Business Development Manager <br />Aparc Systems, Ltd.